1. To advise Council of business arrangements relating to the operation and management of waterways in Docklands, in particular the agreements between Council and VicUrban relating to the Rivers Pontoon and Superyacht Marina.

2. To seek Council approval to enter into a lease between Council and VicUrban consistent with the Services Agreement between Council and VicUrban for the management and operation of a Superyacht Marina and the Rivers Pontoon in Victoria Harbour Docklands.

Recommendation from Management

3. That the Finance and Governance Committee recommend that Council resolve:

3.1. to note the business and financial arrangements relating to the Docklands Waterways, particularly the arrangements between Council and VicUrban in relation to the Rivers Pontoon and Superyacht Marina;

3.2. that in accordance with Sections 190(3)(b) and 223 of the Local Government Act 1989 (“the Act”), subject to the Council obtaining the consent of the relevant Minister, pursuant to Section 17D of the Crown Land Reserves Act 1978 (“CLR Act”), propose to enter into a lease with VicUrban for the continued operation of a Superyacht Marina and Rivers Pontoon on the following terms and conditions:

3.2.1. the commencement date of 1 July 2008 with a term of nine years;

3.2.2. VicUrban will pay Council $1 rental per annum for the lease;

3.2.3. Council be permitted to operate and collect berthing fees for two Superyacht berths at the Superyacht Marina at no cost to Council;

3.2.4. the cost of ongoing maintenance to the Superyacht Marina will be borne by VicUrban;

3.2.5. VicUrban be permitted to make improvements to the Superyacht Marina at their own cost;

3.2.6. VicUrban be permitted to enter into a sub-lease with a third party for four Superyacht berths at the Superyacht Marina with the principal use being for display and sales berths. The third party is permitted to generate berthing fees from these four berths;